One of the most controversial provisions of the Spanish Patents Act is article 137.2, which states "Where the measures requested involve restrictions on the defendant's industrial or commercial…
At the beginning of this year, the German Federal Court of Justice (“FCJ”) rendered in “Tintenpatrone II” (“Ink Cartridge II”) (Docket No. X ZR 94/10) a decision of interest concerning the relation…
About a month ago Rüdiger Pansch reported on the new "General Terms and Conditions" of the Regional Court of Munich in patent infringement matters (http://kluwerpatentblog.com/2012/03/20/patent-…
In a recent decision rendered by the Danish Maritime and Commercial Court, a Danish patent invalidated administratively in both the first and second instance by the Danish Patent Office was held…
The Italian case law on infringement by equivalent is rather scant and, until very recently, only one decision had been issued on this matter by the Supreme Court: 13 January 2004, no. 257, Lisec v.…
In ResQNet.com, Inc. v. Lansa, Inc. (Fed. Cir. 2010), the U.S. Court of Appeals for the Federal Circuit held that patent litigation settlement agreements can be relevant in a different proceeding to…
The District Court of Duesseldorf will set up a third division (panel of judges) for patent infringement litigation. In addition, the Duesseldorf Court of Appeal will at least staff up, and possibly…
As in other jurisdictions, German Courts try to determine whether an invention is patentable over the prior art by looking at it through the eyes of the notional skilled person at the effective…
Mr X was ordered to pay damages for the infringement of a French patent No. 87‑03865, relating to a massage device, by a decision of the Cour d’Appel of Limoges on 10 …
One of the challenges of patent litigation in Spain is that our Civil Procedure Law is somewhat more formalistic than the laws of some other EU Member States, which would normally accept documents…
